1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 3, 2013, the Plaintiff established a corporation C (hereinafter “instant company”).

Of the company's capital of this case 10 million won, 4.9 million won, 4.8% per the plaintiff, 4.8% per the defendant, 3.0 million won per the defendant, 3% per the defendant, deposited in the passbook for the company's establishment of this case, and 2000 shares were allocated to the plaintiff, 980 shares, 960 shares, and 60 shares to the defendant, respectively, according to the above investment ratio.

B. After November 7, 2014, the Defendant became a shareholder of 33,792 shares of the instant company (hereinafter “instant shares”) from among the shares of the instant company (hereinafter “instant shares”) as indicated in the separate sheet, and held the shares until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion, while establishing the instant company, concluded a title trust agreement with the Defendant on shares to avoid oligopolistic shareholders, and allocated shares to the Defendant as above.

In 2015, the Plaintiff notified the Defendant of his intention to terminate the above title trust agreement, and the notification was delivered to the Defendant.

Therefore, the shares of this case are owned by the plaintiff, and there is a benefit of confirmation because the defendant is disputing them.

B. At the time of the establishment of the instant company, the Defendant deposited KRW 4.8 million in the passbook for business start-up. On January 4, 2013, the Plaintiff deposited the said KRW 4.8 million in the Defendant’s passbook for business start-up. In full view of the following: (a) there is no dispute between the parties; (b) the Plaintiff’s testimony as to the Plaintiff’s evidence No. 9, witness E, and D; and (c) comprehensively taking account of the overall purport of the pleadings, the Plaintiff’s certified tax accountant E, as at the time of the establishment of the instant company, consulted the Plaintiff to the effect that the Plaintiff would hold shares within 49% to avoid oligopolistic shareholders; and (d) the remaining shares will be held in title trust; and (c) upon the Plaintiff’s request,